The main legal point established is the extraordinary and sparing use of the power under Section 319 Cr.P.C., which requires compelling reasons and evidence leading to conviction.

Manmohan, J.;—

1. Present petition has been filed under Section 482 Cr.P.C. seeking setting aside of the order dated 10th August, 2009 passed by the trial Court whereby it allowed an application under Section 319 Cr.P.C. filed by the parents of the deceased and impleaded the petitioner, sister in law (Jethani) of deceased, as an accused in FIR bearing No. 381/2007 registered with Police Station Uttam Nagar, Delhi under Sections 498A/304B/34 IPC.

2. Mr. Anupam S. Sharma, learned counsel for petitioner submitted that the impugned summoning order had caused irreparable loss and injury to the petitioner and had taken away her right to live with dignity, honour and reputation. He contended that the trial Court failed to consider that the averments made in the application did not satisfy the conditions prescribed in Section 319 Cr.P.C.

3. Mr. Sharma further submitted that there was no legal evidence on judicial record for proceeding against the petitioner under Section 319 Cr.P.C. He stated that none of the prosecution witnesses had assigned any incriminatory role to the petitioner. He contended that even the examination-in-chief and cross-examination of the deceased’s parents taken in its entirety did not satisfy the ingredients of any alleged offence and there was no justified and lawful ground for summoning the petitioner to face trial.

4. According to Mr. Sharma, as there was no reasonable prospect of the case against the petitioner ending in conviction for the offences concerned, the Court should have refrained from adding her as an accused. In this connection, he relied upon the judgments of the Supreme Court in Michael Machado & Anr. vs. Central Bureau of Investigation & Anr. 2000 Crl.L.J. 1706(1); Palanisamy Gounder & Anr. vs. State Represented by Inspector of Police (2006) 1 SCC (Cri.) 568; Kailash vs. State of Rajasthan & Anr., AIR 2008 SC 1564 and Sarabjit Singh & Anr. vs. State of Punjab & Anr., AIR 2009 SC 2792.

5. Mr. Manoj Ohri, learned APP for State pointed out that the deceased-wife Neha had died on 05th May, 2007 by hanging herself within two years of her marriage. He referred to the evidence on record to show that the deceased had been constantly mentally and physically harassed for dowry articles by not only her husband, but also by her husband's immediate family members including the present petitioner.

6. Having heard the learned counsel for parties, this Court is of the view that it is first essential to outline the scope and ambit of Section 319 Cr.P.C. The said Section reads as under:-

"319. Power to proceed against other persons appearing to be guilty of offence.

(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed.

(2) Where such person is not attending the court he may be arrested or summoned, as the circumstances of' the case may require, for the purpose aforesaid.

(3) Any person attending the court although not under arrest or upon a summons, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.

(4) Where the court proceeds against any person under subsection (1) then-

(a) The proceedings in respect of such person shall be commenced afresh, and witnesses re-heard.

(b) Subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the court took cognizance of the offence upon which the inquiry or trial was commenced."

7. Undoubtedly, Section 319 Cr.P.C. is an extraordinary power conferred on the Court which has to be used sparingly and only if compelling reasons exist for taking cognizance against a person against whom action had not been taken. An order under Section 319 Cr.P.C. is not to be made mechanically merely on the